Assembly Bill A9749

2023-2024 Legislative Session

Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while responding to emergencies

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A9749 (ACTIVE) - Details

See Senate Version of this Bill:
S4026
Current Committee:
Assembly Transportation
Law Section:
Navigation Law
Laws Affected:
Add §39-c, Nav L
Versions Introduced in Other Legislative Sessions:
2009-2010: S584
2011-2012: S922
2013-2014: A7656, S1504
2015-2016: A7087, S387
2017-2018: A7612, S1185
2019-2020: A7931, S3012
2021-2022: A2577, S988

2023-A9749 (ACTIVE) - Summary

Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while such operators are in the course of responding to emergencies.

2023-A9749 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9749
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend  the  navigation  law,  in  relation  to providing an
   exemption from certain laws for operators of law enforcement and  fire
   department  vessels  responding to emergencies on the navigable waters
   of the state

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The navigation law is amended by adding a new section 39-c
 to read as follows:
   § 39-C. LAW ENFORCEMENT AND FIRE DEPARTMENT VESSELS. 1.  THE  OPERATOR
 OF  A  LAW  ENFORCEMENT  OR  FIRE DEPARTMENT VESSEL, WHEN INVOLVED IN AN
 EMERGENCY OPERATION ON THE NAVIGABLE WATERS OF THE STATE,  MAY  EXERCISE
 THE PRIVILEGES SET FORTH IN SUBDIVISION TWO OF THIS SECTION, BUT SUBJECT
 TO  THE  CONDITIONS  SET  FORTH  IN  SUBDIVISIONS THREE AND FOUR OF THIS
 SECTION.
   2. THE OPERATOR OF A LAW ENFORCEMENT OR  FIRE  DEPARTMENT  VESSEL  MAY
 DISREGARD  ANY LAW, RULE OR REGULATION OF THIS STATE OR ANY LOCAL LAW OR
 ORDINANCE OF A MUNICIPALITY OF THIS  STATE  GOVERNING  THE  MOVEMENT  OR
 TURNING OF VESSELS UPON SUCH NAVIGABLE WATERS.
   3. THE PRIVILEGES GRANTED TO THE OPERATOR OF A LAW ENFORCEMENT OR FIRE
 DEPARTMENT VESSEL PURSUANT TO THIS SECTION SHALL APPLY ONLY WHEN AUDIBLE
 SIGNALS  ARE SOUNDED FROM ANY SUCH VESSEL WHILE IN MOTION BY BELL, HORN,
 SIREN, ELECTRONIC DEVICE OR EXHAUST WHISTLE AS MAY BE REASONABLY  NECES-
 SARY,  AND WHEN THE VESSEL IS EQUIPPED WITH AT LEAST ONE LIGHTED LAMP SO
 THAT FROM ANY DIRECTION, UNDER  NORMAL  ATMOSPHERIC  CONDITIONS  FROM  A
 DISTANCE OF FIVE HUNDRED FEET FROM SUCH VESSEL, AT LEAST ONE BLUE OR RED
 LIGHT WILL BE DISPLAYED AND VISIBLE.
   4.  THE PROVISIONS OF THIS SECTION SHALL NOT RELIEVE THE OPERATOR OF A
 LAW ENFORCEMENT OR FIRE DEPARTMENT VESSEL FROM THE DUTY TO OPERATE  SUCH
 VESSEL  WITH  DUE  REGARD  FOR THE SAFETY OF ALL PERSONS, NOR SHALL SUCH
 PROVISIONS PROTECT THE OPERATOR FROM THE  CONSEQUENCES  OF  HIS  OR  HER
 RECKLESS DISREGARD FOR THE SAFETY OF OTHERS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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